OSH notice to employees

Safety and Health ( OSHA)
N. C. Department of Labor Responsibilities
The state of North Carolina has a federally approved program to
administer the Occupational Safety and Health Act ( OSHA) in
North Carolina. This program is administered by the N. C.
Department of Labor, Occupational Safety and Health ( OSH)
Division.
The OSH Division has the following responsibilities and powers:
• Inspections— The OSH Division conducts workplace inspec-tions
that can be triggered by complaints, accidents or because
the workplace has been randomly selected for an inspection.
• Citations— Following an inspection, the employer may be
cited for one or more violations of the OSHA standards. The
employer will be given a timetable to correct the violation to
avoid further action.
• Penalties— An employer can be fined up to $ 7,000 for each
“ serious” violation. An additional maximum $ 7,000 penalty
can be assessed for each day an employer fails to correct or
abate a violation after the allotted time to do so has passed.
A penalty of up to $ 70,000 may be issued for each willful or
repeat violation of an OSHA standard.
Criminal penalties of up to $ 10,000 may apply against
employers who are found guilty of willfully violating any
standard, rule or regulation that has resulted in an employ-ee’s
death.
• OSHA Standards— The division adopts all federally man-dated
OSHA standards verbatim or can rewrite them to meet
state conditions, as long as the new version is at least as strict
as the federal standard.
A copy of any specific standard adopted by the OSH
Division is available free of charge. The entire “ General
Industry” or “ Construction Industry” standards are available
for a nominal cost by calling 1- 800- 625- 2267 or ( 919) 807-
2875.
Employer Rights and Responsibilities
Public and private sector employers have a “ general duty” to
provide their employees with workplaces that are free of recog-nized
hazards likely to cause serious injury or death. Employers
must comply with the OSHA safety and health standards adopt-ed
by the Labor Department.
• Inspections— An employer has the legal right to refuse to
allow an inspector to enter the workplace without an adminis-trative
inspection warrant. If this occurs, the inspector will
obtain a warrant to conduct the inspection. The employer has
the right to accompany the inspector during the physical
inspection.
• Discrimination— Any employer who retaliates in any way
against an employee for filing a complaint or assisting an
inspector is breaking the law. The department will investi-gate
and may prosecute employers who take such action.
• Citations— If an OSH inspection results in one or more cita-tions,
the employer is required to promptly and prominently
display the citation( s) at or near the place where the violation
allegedly occurred. It must remain posted for three days or
until the violation has been corrected or abated, whichever is
longer.
• Contesting Penalties— Once an employer has been cited, he
or she may request an “ informal conference” with OSH offi-cials
to discuss the penalty, abatement or other issues related
to the citation. This request must be made within 15 working
days after the citation is received.
The employer may formally contest ( by filing a “ Notice of
Contest”) the citation( s) or proposed penalty to the N. C.
Occupational Safety and Health Review Commission. The
Review Commission is an independent body that hears and
decides contestments by employers and employees concern-ing
citations, abatement periods and penalties.
Employers wishing to know more about the procedures for
filing a “ Notice of Contest” should contact the Review
Commission. Telephone: ( 919) 733- 3589. Web site:
www. oshrb. state. nc. us.
• Records and Reports— Employers with 11 or more employ-ees,
unless specifically exempted, are required to maintain
updated occupational injury and illness records of their
employees. Recordkeeping forms and information concern-ing
these requirements may be obtained from the Bureau of
Education, Training and Technical Assistance, N. C.
Department of Labor, 1101 Mail Service Center, Raleigh, NC
27699- 1101. Call 1- 800- 625- 2267 or ( 919) 807- 2875.
• Reporting Accidents— Any on- the- job accident or illness
requiring three or more employees to be hospitalized or that
causes a fatality must be reported to the OSH Division with-in
eight hours after it occurs or the employer can be fined up
to $ 7,000. To report an accident, call the OSH Division at
1- 800- 625- 2267 or ( 919) 807- 2796 during normal working
hours. After hours, call the State Capitol Police at ( 919) 733-
4646.
Employee Rights and Responsibilities
Public and private sector employees must comply with occupa-tional
safety and health standards, rules, regulations, and those
orders issued under OSHA that relate to their own actions and
conduct.
• Complaints— An employee has a right to make a complaint
regarding workplace conditions he or she believes are unsafe,
unhealthy or in violation of OSHA standards. When an OSH
inspector is in an employee’s workplace, that employee has a
right to point out unsafe or unhealthy conditions and to freely
answer any questions asked by the inspector. When making a
complaint, the employee may request that his or her name be
kept confidential.
To make a complaint, call 1- 800- 625- 2267 or
( 919) 807- 2796. Complaints also can be made online at
www. nclabor. com.
• Contesting Abatement— Employees may contest any abate-ment
period set as a result of an OSH inspection at their
workplace. An employee has the right to appear before the
Review Commission to contest the abatement period and
seek judicial review.
Other OSHA Information
• Federal Monitoring— The OSH Division is monitored by the
U. S. Department of Labor. Federal authorities ensure that con-tinued
state administration is merited. Any person who has a
complaint about the state’s administration of OSHA may con-tact
the Regional Office of the U. S. Department of Labor, 61
Forsyth St. S. W., Suite 6T50, Atlanta, GA 30303.
• Additional Information or Questions— Anyone having a
question about any of the above information may write or call:
N. C. Department of Labor
Division of Occupational Safety and Health
1101 Mail Service Center
Raleigh, NC 27699- 1101
Phone: 1- 800- 625- 2267 or ( 919) 807- 2796
Fax: ( 919) 807- 2856
E- mail: ask. osh@ labor. nc. gov
www. nclabor. com
N. C. Department of Labor
OSH Notice to Employees
THIS NOTICE MUST BE POSTED
CONSPICUOUSLY. THIS POSTER
IS AVAILABLE FREE OF CHARGE
TO ALL NORTH CAROLINA
WORKPLACES. CALL
1- 800- 625- 2267 or ( 919) 807- 2796.
1- 800- NC- LABOR
( 1- 800- 625- 2267)
N. C. Department of Labor Internet Address:
www. nclabor. com
Cherie Berry
Commissioner of Labor
Printed 3/ 09
50,000 copies of this public document were printed at a cost of $ 1,660.63, or $. 03 per copy.
To find out more information about this poster and to download all of the required state and
federal posters, please visit our Web site at: http:// www. nclabor. com/ posters/ posters. htm
Unemployment Insurance
NCDOL does not handle matters relating to unemployment
insurance. If you would like information about unemploy-ment
insurance policies or procedures, please contact the
local Employment Security Office or the N. C. Employment
Security Commission at N. C. Employment Security
Commission, Unemployment Insurance Division, P. O.
Box 25903, Raleigh, NC 27611- 5903, 1- 866- 278- 3822;
www. ncesc. com.
N. C. Workers’ Compensation Notice to
Injured Workers and Employers ( Form 17)
NCDOL does not handle matters relating to workers’ com-pensation.
If you would like information about workers’
compensation policies or procedures, please contact the
N. C. Industrial Commission at N. C. Industrial Commission,
4340 Mail Service Center, Raleigh, NC 27699- 4340; ( 919)
807- 2500; www. ic. nc. gov. Employers, please note that
Form 17 was revised effective 2/ 2009. It must be prominent-ly
posted and must be printed in the same colors and format
that appear on the Industrial Commission Web site. To
download and print Form 17, visit www. ic. nc. gov.
Wage and Hour Act
Minimum Wage: $ 6.55 per hour ( effective 7/ 24/ 08).
Minimum Wage: $ 7.25 per hour ( effective 7/ 24/ 09).
Employers in North Carolina are required to pay the higher of the
state or federal minimum wages. The federal minimum wage
increased to $ 6.55 per hour on July 24, 2008, and is scheduled to
increase to $ 7.25 per hour effective July 24, 2009. Therefore,
employers in North Carolina are required to pay their employees at
least $ 6.55 per hour until July 24, 2009, when the rate will increase
to $ 7.25 per hour. ( Note: Employers in North Carolina were required
to pay at least $ 6.15 per hour from Jan. 1, 2007, until the $ 6.55 per
hour rate became effective on July 24, 2008.)
An employer may pay as little as $ 2.13 per hour to tipped employees
so long as each employee receives enough in tips to make up the dif-ference
between the wages paid and the minimum wage. Employees
must be allowed to keep all tips, except that pooling is permitted if
no employee’s tips are reduced more than 15 percent. The employer
must keep an accurate and complete record of tips as certified by each
employee monthly or for each pay period. Without these records, the
employer may not be allowed the tip credit.
Certain full- time students may be paid 90 percent of the minimum
wage, rounded to the lowest nickel.
Overtime
Time and one- half must be paid after 40 hours of work in any one work-week,
except after 45 hours at seasonal recreational and amusement
establishments. The state overtime provision does not apply to some
employers and employees who are exempt.
Youth Employment
Rules for all youths under 18 years old are: Youth employment
certificates ( YEC) are required. To obtain a YEC, please visit our
Web site at www. nclabor. com. Work in hazardous, detrimental or
prohibited jobs is not permitted.
Additional rules for 16- and 17- year- olds are: No work between 11
p. m. and 5 a. m. when there is school the next day. Exception: When
the employer gets written permission from the youth’s parents and
principal.
Additional rules for 14- and 15- year- olds are:
Where work can be performed: Retail businesses, food service estab-lishments,
service stations and offices of other businesses. Work is
not permitted in manufacturing, mining or construction, or with
power- driven machinery, or on the premises of a business holding an
ABC permit for the on- premises sale or consumption of alcoholic
beverages; except that youths at least 14 years of age can work on the
outside grounds of the premises with written consent from a parent or
guardian as long as the youth is not involved with the preparation,
serving, dispensing or sale of alcoholic beverages.
Maximum hours per day: Three on school days; eight if a non-school
day.
Maximum hours per week: 18 when school is in session; 40 when
school is not in session.
Hours of the day: May work only between 7 a. m. and 7 p. m. ( 9 p. m.
from June 1 through Labor Day).
Breaks: 30- minute breaks are required after any period of five con-secutive
hours of work.
Additional rules for youths under 14 years old are: Work is gener-ally
not permitted except when working for the youth’s parents; in
newspaper distribution to consumers; modeling; or acting in movie,
television, radio or theater production.
These state youth employment provisions do not apply to farm,
domestic or government work.
Wage Payment
Wages are due on the regular payday. If requested, final paychecks
must be mailed. When the amount of wages is in dispute, the employ-er’s
payment of the undisputed portion cannot restrict the right of the
employee to continue a claim for the rest of the wages.
Employees must be notified of paydays, pay rates, policies on vacation
and sick leave, and of commission, bonus and other pay matters.
Employers must notify employees in writing or through a posted notice
maintained in a place accessible to its employees of any reduction in
the rate of promised wages at least 24 hours prior to such change.
Deductions from paychecks are limited to those required by law and
those agreed to in writing on or before payday. If the written author-ization
that the employee signs does not specify a dollar amount, the
employee must receive prior to payday ( 1) written notice of the actu-al
amount to be deducted, ( 2) written notice of their right to withdraw
the authorization, and ( 3) be given a reasonable opportunity to with-draw
the authorization. The written authorization or written notice
may be given in an electronic format, provided the requirements of
the Uniform Electronic Transactions Act ( Chapter 66, Article 40 of
the N. C. General Statutes) are met.
The withholding or diversion of wages owed for the employer’s benefit
may not be taken if they reduce wages below the minimum wage. No
reductions may be made to overtime wages owed.
Deductions for cash or inventory shortages or for loss or damage to an
employer’s property may not be taken unless the employee receives
seven days’ advance notice. This seven- day rule does not apply to these
deductions made at termination. An employer may not use fraud or
duress to require employees to pay back protected amounts.
If the employer provides vacation pay plans to employees, the employ-er
shall give vacation time off or payment in lieu of time off, as required
by company policy or practice. Employees must be notified in writing or
through a posted notice of any company policy or practice that results in
the loss or forfeiture of vacation time or pay. Employees not so notified
are not subject to such loss or forfeiture.
The wage payment provisions apply to all private- sector employers
doing business in North Carolina. The wage payment provisions do
not apply to any federal, state or local agency or instrumentality of
government.
Complaints
The department’s Wage and Hour Bureau investigates complaints and
collects back wages plus interest if they are due to the employee. The
state of North Carolina may bring civil or criminal actions against the
employer for violations of the law. The employee may also sue the
employer for back wages. The court may award attorney’s fees, costs,
liquidated damages and interest.
Anyone having a question about the Wage and Hour Act may write
or call:
N. C. Department of Labor
Wage and Hour Bureau
1101 Mail Service Center
Raleigh, NC 27699- 1101
Phone: 1- 800- 625- 2267 or ( 919) 807- 2796
Fax: ( 919) 807- 2786
E- mail: ask. wageandhour@ labor. nc. gov
www. nclabor. com
Right- to- Work Laws
North Carolina is a “ right- to- work” state, which means that the right
of a person to work cannot be denied or abridged because that person
belongs— or does not belong— to a labor union. In addition, an
employer cannot require any person, as a condition of employment or
continuation of employment, to pay any dues, fees or other charges
of any kind to a labor union. Also, an employer cannot enter into an
agreement with a labor union whereby ( 1) non- union members are
denied the right to work for the employer, ( 2) membership is made a
condition of employment or continuation of employment, or ( 3) the
labor union acquires an employment monopoly in any enterprise.
In addition, in CWA v. Beck, 487 U. S. 735 ( 1988), the U. S. Supreme
Court stated that if a collective bargaining agreement between an
employer and a labor union requires employees to pay uniform peri-odic
dues and initiation fees, employees who are not union members
can object to the use of their payments for certain purposes and can
only be required to pay their share of union costs relating to collec-tive
bargaining, contract administration and grievance adjustment.
Thus, if you believe that you have been required to pay dues or fees
used in part to support activities not directly related to the duties of
collective bargaining, you may be entitled to a refund and to an
appropriate reduction in future payments.
NCDOLdoes not have any enforcement authority of these laws, but if you
have any questions, contact the Regional Office of the National Labor
Relations Board ( NLRB) at the following address and phone number:
NLRB— Region 11 Office
Republic Square
4035 University Parkway, Suite 200
Winston- Salem, NC 27106- 3325
( 336) 631- 5201
Employment Discrimination
The department’s Employment Discrimination Bureau ( EDB)
enforces the Retaliatory Employment Discrimination Act ( REDA).
Employees involved in the following activities are protected from
retaliation or discrimination by their employer:
• Workers’ Compensation Claims
• Wage and Hour Complaints
• Occupational Safety and Health Complaints
• Mine Safety and Health Complaints
• Genetic Testing
• Sickle Cell or Hemoglobin Carriers
• N. C. National Guard Service
• The Juvenile Justice System
• Victims of Domestic Violence
• Pesticide Regulation Complaints
Employers who have questions about the application of REDA, or
employees who believe they have been discriminated or retaliated
against, should contact the EDB information officer:
N. C. Department of Labor
Employment Discrimination Bureau
1101 Mail Service Center
Raleigh, NC 27699- 1101
Phone: 1- 800- 625- 2267 or ( 919) 807- 2831
Fax: ( 919) 807- 2824
E- mail: ask. edb@ labor. nc. gov
www. nclabor. com
All complaints must be made within 180 days of the date of retaliation.
THIS NOTICE MUST BE POSTED
CONSPICUOUSLY. THIS POSTER
IS AVAILABLE FREE OF CHARGE
TO ALL NORTH CAROLINA
WORKPLACES. CALL
1- 800- 625- 2267 or ( 919) 807- 2796.
1- 800- NC- LABOR
( 1- 800- 625- 2267)
N. C. Department of Labor Internet Address:
www. nclabor. com
Cherie Berry
Commissioner of Labor
To find out more information about this poster and to download all of the required state and
federal posters, please visit our Web site at: http:// www. nclabor. com/ posters/ posters. htm
Printed 3/ 09
50,000 copies of this public document were printed at a cost of $ 1,660.63, or $. 03 per copy.
N. C. Department of Labor
Wage and Hour Notice to Employees

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Safety and Health ( OSHA)
N. C. Department of Labor Responsibilities
The state of North Carolina has a federally approved program to
administer the Occupational Safety and Health Act ( OSHA) in
North Carolina. This program is administered by the N. C.
Department of Labor, Occupational Safety and Health ( OSH)
Division.
The OSH Division has the following responsibilities and powers:
• Inspections— The OSH Division conducts workplace inspec-tions
that can be triggered by complaints, accidents or because
the workplace has been randomly selected for an inspection.
• Citations— Following an inspection, the employer may be
cited for one or more violations of the OSHA standards. The
employer will be given a timetable to correct the violation to
avoid further action.
• Penalties— An employer can be fined up to $ 7,000 for each
“ serious” violation. An additional maximum $ 7,000 penalty
can be assessed for each day an employer fails to correct or
abate a violation after the allotted time to do so has passed.
A penalty of up to $ 70,000 may be issued for each willful or
repeat violation of an OSHA standard.
Criminal penalties of up to $ 10,000 may apply against
employers who are found guilty of willfully violating any
standard, rule or regulation that has resulted in an employ-ee’s
death.
• OSHA Standards— The division adopts all federally man-dated
OSHA standards verbatim or can rewrite them to meet
state conditions, as long as the new version is at least as strict
as the federal standard.
A copy of any specific standard adopted by the OSH
Division is available free of charge. The entire “ General
Industry” or “ Construction Industry” standards are available
for a nominal cost by calling 1- 800- 625- 2267 or ( 919) 807-
2875.
Employer Rights and Responsibilities
Public and private sector employers have a “ general duty” to
provide their employees with workplaces that are free of recog-nized
hazards likely to cause serious injury or death. Employers
must comply with the OSHA safety and health standards adopt-ed
by the Labor Department.
• Inspections— An employer has the legal right to refuse to
allow an inspector to enter the workplace without an adminis-trative
inspection warrant. If this occurs, the inspector will
obtain a warrant to conduct the inspection. The employer has
the right to accompany the inspector during the physical
inspection.
• Discrimination— Any employer who retaliates in any way
against an employee for filing a complaint or assisting an
inspector is breaking the law. The department will investi-gate
and may prosecute employers who take such action.
• Citations— If an OSH inspection results in one or more cita-tions,
the employer is required to promptly and prominently
display the citation( s) at or near the place where the violation
allegedly occurred. It must remain posted for three days or
until the violation has been corrected or abated, whichever is
longer.
• Contesting Penalties— Once an employer has been cited, he
or she may request an “ informal conference” with OSH offi-cials
to discuss the penalty, abatement or other issues related
to the citation. This request must be made within 15 working
days after the citation is received.
The employer may formally contest ( by filing a “ Notice of
Contest”) the citation( s) or proposed penalty to the N. C.
Occupational Safety and Health Review Commission. The
Review Commission is an independent body that hears and
decides contestments by employers and employees concern-ing
citations, abatement periods and penalties.
Employers wishing to know more about the procedures for
filing a “ Notice of Contest” should contact the Review
Commission. Telephone: ( 919) 733- 3589. Web site:
www. oshrb. state. nc. us.
• Records and Reports— Employers with 11 or more employ-ees,
unless specifically exempted, are required to maintain
updated occupational injury and illness records of their
employees. Recordkeeping forms and information concern-ing
these requirements may be obtained from the Bureau of
Education, Training and Technical Assistance, N. C.
Department of Labor, 1101 Mail Service Center, Raleigh, NC
27699- 1101. Call 1- 800- 625- 2267 or ( 919) 807- 2875.
• Reporting Accidents— Any on- the- job accident or illness
requiring three or more employees to be hospitalized or that
causes a fatality must be reported to the OSH Division with-in
eight hours after it occurs or the employer can be fined up
to $ 7,000. To report an accident, call the OSH Division at
1- 800- 625- 2267 or ( 919) 807- 2796 during normal working
hours. After hours, call the State Capitol Police at ( 919) 733-
4646.
Employee Rights and Responsibilities
Public and private sector employees must comply with occupa-tional
safety and health standards, rules, regulations, and those
orders issued under OSHA that relate to their own actions and
conduct.
• Complaints— An employee has a right to make a complaint
regarding workplace conditions he or she believes are unsafe,
unhealthy or in violation of OSHA standards. When an OSH
inspector is in an employee’s workplace, that employee has a
right to point out unsafe or unhealthy conditions and to freely
answer any questions asked by the inspector. When making a
complaint, the employee may request that his or her name be
kept confidential.
To make a complaint, call 1- 800- 625- 2267 or
( 919) 807- 2796. Complaints also can be made online at
www. nclabor. com.
• Contesting Abatement— Employees may contest any abate-ment
period set as a result of an OSH inspection at their
workplace. An employee has the right to appear before the
Review Commission to contest the abatement period and
seek judicial review.
Other OSHA Information
• Federal Monitoring— The OSH Division is monitored by the
U. S. Department of Labor. Federal authorities ensure that con-tinued
state administration is merited. Any person who has a
complaint about the state’s administration of OSHA may con-tact
the Regional Office of the U. S. Department of Labor, 61
Forsyth St. S. W., Suite 6T50, Atlanta, GA 30303.
• Additional Information or Questions— Anyone having a
question about any of the above information may write or call:
N. C. Department of Labor
Division of Occupational Safety and Health
1101 Mail Service Center
Raleigh, NC 27699- 1101
Phone: 1- 800- 625- 2267 or ( 919) 807- 2796
Fax: ( 919) 807- 2856
E- mail: ask. osh@ labor. nc. gov
www. nclabor. com
N. C. Department of Labor
OSH Notice to Employees
THIS NOTICE MUST BE POSTED
CONSPICUOUSLY. THIS POSTER
IS AVAILABLE FREE OF CHARGE
TO ALL NORTH CAROLINA
WORKPLACES. CALL
1- 800- 625- 2267 or ( 919) 807- 2796.
1- 800- NC- LABOR
( 1- 800- 625- 2267)
N. C. Department of Labor Internet Address:
www. nclabor. com
Cherie Berry
Commissioner of Labor
Printed 3/ 09
50,000 copies of this public document were printed at a cost of $ 1,660.63, or $. 03 per copy.
To find out more information about this poster and to download all of the required state and
federal posters, please visit our Web site at: http:// www. nclabor. com/ posters/ posters. htm
Unemployment Insurance
NCDOL does not handle matters relating to unemployment
insurance. If you would like information about unemploy-ment
insurance policies or procedures, please contact the
local Employment Security Office or the N. C. Employment
Security Commission at N. C. Employment Security
Commission, Unemployment Insurance Division, P. O.
Box 25903, Raleigh, NC 27611- 5903, 1- 866- 278- 3822;
www. ncesc. com.
N. C. Workers’ Compensation Notice to
Injured Workers and Employers ( Form 17)
NCDOL does not handle matters relating to workers’ com-pensation.
If you would like information about workers’
compensation policies or procedures, please contact the
N. C. Industrial Commission at N. C. Industrial Commission,
4340 Mail Service Center, Raleigh, NC 27699- 4340; ( 919)
807- 2500; www. ic. nc. gov. Employers, please note that
Form 17 was revised effective 2/ 2009. It must be prominent-ly
posted and must be printed in the same colors and format
that appear on the Industrial Commission Web site. To
download and print Form 17, visit www. ic. nc. gov.
Wage and Hour Act
Minimum Wage: $ 6.55 per hour ( effective 7/ 24/ 08).
Minimum Wage: $ 7.25 per hour ( effective 7/ 24/ 09).
Employers in North Carolina are required to pay the higher of the
state or federal minimum wages. The federal minimum wage
increased to $ 6.55 per hour on July 24, 2008, and is scheduled to
increase to $ 7.25 per hour effective July 24, 2009. Therefore,
employers in North Carolina are required to pay their employees at
least $ 6.55 per hour until July 24, 2009, when the rate will increase
to $ 7.25 per hour. ( Note: Employers in North Carolina were required
to pay at least $ 6.15 per hour from Jan. 1, 2007, until the $ 6.55 per
hour rate became effective on July 24, 2008.)
An employer may pay as little as $ 2.13 per hour to tipped employees
so long as each employee receives enough in tips to make up the dif-ference
between the wages paid and the minimum wage. Employees
must be allowed to keep all tips, except that pooling is permitted if
no employee’s tips are reduced more than 15 percent. The employer
must keep an accurate and complete record of tips as certified by each
employee monthly or for each pay period. Without these records, the
employer may not be allowed the tip credit.
Certain full- time students may be paid 90 percent of the minimum
wage, rounded to the lowest nickel.
Overtime
Time and one- half must be paid after 40 hours of work in any one work-week,
except after 45 hours at seasonal recreational and amusement
establishments. The state overtime provision does not apply to some
employers and employees who are exempt.
Youth Employment
Rules for all youths under 18 years old are: Youth employment
certificates ( YEC) are required. To obtain a YEC, please visit our
Web site at www. nclabor. com. Work in hazardous, detrimental or
prohibited jobs is not permitted.
Additional rules for 16- and 17- year- olds are: No work between 11
p. m. and 5 a. m. when there is school the next day. Exception: When
the employer gets written permission from the youth’s parents and
principal.
Additional rules for 14- and 15- year- olds are:
Where work can be performed: Retail businesses, food service estab-lishments,
service stations and offices of other businesses. Work is
not permitted in manufacturing, mining or construction, or with
power- driven machinery, or on the premises of a business holding an
ABC permit for the on- premises sale or consumption of alcoholic
beverages; except that youths at least 14 years of age can work on the
outside grounds of the premises with written consent from a parent or
guardian as long as the youth is not involved with the preparation,
serving, dispensing or sale of alcoholic beverages.
Maximum hours per day: Three on school days; eight if a non-school
day.
Maximum hours per week: 18 when school is in session; 40 when
school is not in session.
Hours of the day: May work only between 7 a. m. and 7 p. m. ( 9 p. m.
from June 1 through Labor Day).
Breaks: 30- minute breaks are required after any period of five con-secutive
hours of work.
Additional rules for youths under 14 years old are: Work is gener-ally
not permitted except when working for the youth’s parents; in
newspaper distribution to consumers; modeling; or acting in movie,
television, radio or theater production.
These state youth employment provisions do not apply to farm,
domestic or government work.
Wage Payment
Wages are due on the regular payday. If requested, final paychecks
must be mailed. When the amount of wages is in dispute, the employ-er’s
payment of the undisputed portion cannot restrict the right of the
employee to continue a claim for the rest of the wages.
Employees must be notified of paydays, pay rates, policies on vacation
and sick leave, and of commission, bonus and other pay matters.
Employers must notify employees in writing or through a posted notice
maintained in a place accessible to its employees of any reduction in
the rate of promised wages at least 24 hours prior to such change.
Deductions from paychecks are limited to those required by law and
those agreed to in writing on or before payday. If the written author-ization
that the employee signs does not specify a dollar amount, the
employee must receive prior to payday ( 1) written notice of the actu-al
amount to be deducted, ( 2) written notice of their right to withdraw
the authorization, and ( 3) be given a reasonable opportunity to with-draw
the authorization. The written authorization or written notice
may be given in an electronic format, provided the requirements of
the Uniform Electronic Transactions Act ( Chapter 66, Article 40 of
the N. C. General Statutes) are met.
The withholding or diversion of wages owed for the employer’s benefit
may not be taken if they reduce wages below the minimum wage. No
reductions may be made to overtime wages owed.
Deductions for cash or inventory shortages or for loss or damage to an
employer’s property may not be taken unless the employee receives
seven days’ advance notice. This seven- day rule does not apply to these
deductions made at termination. An employer may not use fraud or
duress to require employees to pay back protected amounts.
If the employer provides vacation pay plans to employees, the employ-er
shall give vacation time off or payment in lieu of time off, as required
by company policy or practice. Employees must be notified in writing or
through a posted notice of any company policy or practice that results in
the loss or forfeiture of vacation time or pay. Employees not so notified
are not subject to such loss or forfeiture.
The wage payment provisions apply to all private- sector employers
doing business in North Carolina. The wage payment provisions do
not apply to any federal, state or local agency or instrumentality of
government.
Complaints
The department’s Wage and Hour Bureau investigates complaints and
collects back wages plus interest if they are due to the employee. The
state of North Carolina may bring civil or criminal actions against the
employer for violations of the law. The employee may also sue the
employer for back wages. The court may award attorney’s fees, costs,
liquidated damages and interest.
Anyone having a question about the Wage and Hour Act may write
or call:
N. C. Department of Labor
Wage and Hour Bureau
1101 Mail Service Center
Raleigh, NC 27699- 1101
Phone: 1- 800- 625- 2267 or ( 919) 807- 2796
Fax: ( 919) 807- 2786
E- mail: ask. wageandhour@ labor. nc. gov
www. nclabor. com
Right- to- Work Laws
North Carolina is a “ right- to- work” state, which means that the right
of a person to work cannot be denied or abridged because that person
belongs— or does not belong— to a labor union. In addition, an
employer cannot require any person, as a condition of employment or
continuation of employment, to pay any dues, fees or other charges
of any kind to a labor union. Also, an employer cannot enter into an
agreement with a labor union whereby ( 1) non- union members are
denied the right to work for the employer, ( 2) membership is made a
condition of employment or continuation of employment, or ( 3) the
labor union acquires an employment monopoly in any enterprise.
In addition, in CWA v. Beck, 487 U. S. 735 ( 1988), the U. S. Supreme
Court stated that if a collective bargaining agreement between an
employer and a labor union requires employees to pay uniform peri-odic
dues and initiation fees, employees who are not union members
can object to the use of their payments for certain purposes and can
only be required to pay their share of union costs relating to collec-tive
bargaining, contract administration and grievance adjustment.
Thus, if you believe that you have been required to pay dues or fees
used in part to support activities not directly related to the duties of
collective bargaining, you may be entitled to a refund and to an
appropriate reduction in future payments.
NCDOLdoes not have any enforcement authority of these laws, but if you
have any questions, contact the Regional Office of the National Labor
Relations Board ( NLRB) at the following address and phone number:
NLRB— Region 11 Office
Republic Square
4035 University Parkway, Suite 200
Winston- Salem, NC 27106- 3325
( 336) 631- 5201
Employment Discrimination
The department’s Employment Discrimination Bureau ( EDB)
enforces the Retaliatory Employment Discrimination Act ( REDA).
Employees involved in the following activities are protected from
retaliation or discrimination by their employer:
• Workers’ Compensation Claims
• Wage and Hour Complaints
• Occupational Safety and Health Complaints
• Mine Safety and Health Complaints
• Genetic Testing
• Sickle Cell or Hemoglobin Carriers
• N. C. National Guard Service
• The Juvenile Justice System
• Victims of Domestic Violence
• Pesticide Regulation Complaints
Employers who have questions about the application of REDA, or
employees who believe they have been discriminated or retaliated
against, should contact the EDB information officer:
N. C. Department of Labor
Employment Discrimination Bureau
1101 Mail Service Center
Raleigh, NC 27699- 1101
Phone: 1- 800- 625- 2267 or ( 919) 807- 2831
Fax: ( 919) 807- 2824
E- mail: ask. edb@ labor. nc. gov
www. nclabor. com
All complaints must be made within 180 days of the date of retaliation.
THIS NOTICE MUST BE POSTED
CONSPICUOUSLY. THIS POSTER
IS AVAILABLE FREE OF CHARGE
TO ALL NORTH CAROLINA
WORKPLACES. CALL
1- 800- 625- 2267 or ( 919) 807- 2796.
1- 800- NC- LABOR
( 1- 800- 625- 2267)
N. C. Department of Labor Internet Address:
www. nclabor. com
Cherie Berry
Commissioner of Labor
To find out more information about this poster and to download all of the required state and
federal posters, please visit our Web site at: http:// www. nclabor. com/ posters/ posters. htm
Printed 3/ 09
50,000 copies of this public document were printed at a cost of $ 1,660.63, or $. 03 per copy.
N. C. Department of Labor
Wage and Hour Notice to Employees